Union and its territory


Article 1& 2
  • A1 - bharat 'union of states'
  • TOI - UT + Territory of state + acquired territories
  • Indestructible union destructible state
  • Acquiring - cession , occupation , conquest , subjugation 
  • A2 - Parliament - admit into UOI new states & establish new state 
      Article 3
      • A3 - Increase or decrease area, change name, alter boundary  form new state by separating territory from state or by uniting 2 or more state
        • Bill laid on prior reccomendation of president
        • Simple majortiy; pres have to refer matter to SLA concerned for expressing the view within time
      • Issues:
        • Ambedkar: Misuse of Powers by the center
        • State will be reduced to glorified municipality
      • Why needed:
        • Reorganization will become impossible 
        • Nature of Federalism was still evolving in India
        • Issue of regionalism
        • Article 4: Not An amendment under article 368
      • Berubari union - A3 does not cover cession of Ind TOI to foreign country - Articles 368 amendment required, 100CA for Bangladesh 
      • Boundary dispute settlement within const domain 
      Linguistic reorganisation
      Why reorganization:
      • To accommodate the diversity and bring in the homogeneity and harmony in administration. 
      • also after the integration of 100s of princely states and presence of ill-administered units of British India.
      Dhar commission and JVP the commission rejected the idea
      2nd SRC: (FAZL ALI COMMISSION)
      • Accepted linguistic basis but national identity should not be threatened
      • rejected the principle of one language one state eg. Bombay and Gujarat, Punjab and Haryana
      • Other factors like 
        • administrative and financial viability
        • viable unit of plan development 
      Merit:
      • Most secular then caste or religion
      • Language is the most important aspect of a culture
      • Education in mother tounges
      • Administrative ease
      • Democracy: mass participation
        • Accountability 
        • functional politics
      • Protection of regional lanugages
      De-merits:
      • Regionalism: balkanisation, Domino effect
      • difficulty information of a National identity
      • Emergence of Hindi as official language will be difficult
      • Inter-state and center state co-ordination 
      • Other parameters: like development, ethinicity etc: which led to the further reorganization like Jharkhand, Telangana
      Govt.'s response to state demands:
      • 4 steps: development, accommodation, partial autonomy & finally full autonomy.
      • Special developmental package eg. Bundelkhand and development boards like Vidarbha
      • Accommodation:
        • FRA
        • Inclusion of language in 8th schedule eg. BODO etc
        • Inclusive policies
      • Partial autonomy
        • Special powers to governor  and other provisions under Article 371
        • 5th and 6th schedule
          • Creation of autonomous council eg. Gorkha, Bodo etc
          • PESA
      • Final:
        • Creation of new states and UT
      Small states:
      • Merit:
        • Administrative convenience: GOA
        • People' participation, state closer to people
        • homogenous: Telangana and AP
        • Better utilization of resources: Jharkhad and Bihar
        • Resolve problem of identity crisis, ethnic groups, language
      • Issues:
        • Defining what is small
        • disputes: interstate and C-S due to sharing of resources, water etc
        • Small is not equal to better Human development 
          • Health care: highest in Kerala (small) and lowest in Jharkhand (small)
        • Economic viability:
          • North Easters states are dependent on center for 80% of the budget
          • Over machinery  and duplication of resources
        • Increase dependence on center
        • Integrity and unity due to regionalism
        • Transfer of power from Old to new capital, strengthen Democracy.
      • We have the system of 3rd tier, what is needed is effective implementation and utilization of these local bodies
      • Solution:
        • Decentralization, 73rd and 74th amendment act
        • Balanced socio-economic development
        • Use of technology to reach regions
        • Objective and scientific analysis
      Need of 2nd SRC::
      • Inter-state and intra state economic inequality : Developed Vs Poor countries , Maharashtra- Mumbai Vs Vidharbh
      • Administrative inviability:
        • Areas: UP
      • Conflicts:
        •  rising Inter state disputes like water and land
        • Demands of regionalism
      • 20 years of LPG:
        • Migration
        • Skewed development 
      • Demographic changes
      • Objective criteria
      • Evolving process
      • Better coordination and utilization of resources
      • Strengthening the spirit of Cooperative federalism
      Telangana:
      • Reason: complex
        • ethnicity, development etc

      Demand of Gorkhaland

      • 1986-88 : Darjleeing Gorkha Hill Council
      • 2012 : Gorkha Territorial Adminstration (semi-autinomous adminstrative body with no legislative powers)
      • Presently, 5th schedule
      • Gorkhas : Are Nepali Speaking people

      Now
      GJM
      • Gorkhaland Jan Mukti Morch
      Cause
      Immediate
      • Language imperialism or Linguistic Chauvinism
        • Bengal government the decision to make Bengali compulsory up to 10th standard
      Economic
      • Lowest employment
        • Outsiders own tea industry and makes huge profits
      • Resource extraction 
      Political
      • No meaningful autonomy was provided
        • Denial of self-governance, Political suppression
      • Failure of GTA
        • Duars are kept out of it
        • No legislative power
        • Failed to utilize its potential
        • Finance
      Social-cultural
      • Discrimination, marginalization and misconception
        • Foreigners, outsiders
      • Ethinic and racial discrimination
      • Bengali dominance
      Solution
      Political
      • Good power-sharing
      • Article 244A: Autonomous State for Gorkhaland without dividing
      Economic
      • A revival of tea industry
      • Development like Rural infrastructure
      • Tourism
      Social
      • Multiculturalism and tolerance (Sinhalese, Bangladesh)
      Conclusion
      Democratic discussion and negotiation is the best way.
      Culture and Ethnic identity must be respected.

      Delhi Case
      239AA and 239 AB: deals with the special status of Delhi
      • Except for Land, Police and public order
      Demand for statehood:
      Good:
      • Comprehensive responsibility
      • quick decision making
      • Demand by various PP
      Bad:
      • Resources are not there (example water)
      • no people's demand
      • Dependence on center
      • Size and population are not there
      • Internationally: NCT are not made state territory
      Legal
      • Article 239 AA: Public Order, Police and Land
      • NCT Act, 1969
      Delhi HC
      • UT and Lt. Governor is Administrative Head
      Issues
      • Demanding more autonomy
      • Elected government vs nominated administration
      • Morality vs Legality
      • Role of Court
      Way forward
      • More or less legally issue is settled
      • Delhi Government has to work within the legal and constitutional limits
      • Harmonious Functioning
      • Ultimate loser are people of Delhi
      • Some control of Central Government is desirable

      Real challenge is Political will


      Union territory
      • Not part of federalism, are centrally administered regions 
      • Why:
      • Administration:
        • Delhi and Chandigarh
      • Cultural:
        • Puducherry
        • Dadar and Nagar haveli
      • Strategic:
        • Andaman, Lakshadweep.
        • Jammu Kashmir and Ladakh
      • Special treatment:
        • Earlier Mizoram etc
      Provisions
      • Part 8: Article 239 to 241
      • Delhi and Pondicherry, J&K: 
        • Legislative assembly
      • MHA is nodal
      • UT Act of 1963
      • G of NCT 1991
      Delhi:
      • except: public order, police and land
      • Issues
      • Elected vs administrator
        • undermining the rights of elected 
        • accountability
        • disrupted balance of power
        • delays in policy and implementation
      • Article 240 (1) Vs 239AA
        • When LA form-no presidential powers
        • While 239AA: in case of disputes Administrator's powers shall prevail
      • HC has directed in LG's favor
      Pondicherry
      • except for 3 exemptions, all is same
      • Tussle between both
      Way forward
      • Though LG may have more power but he should use his capacity and post to guide, and advice the government and allow them primacy in administration
      • Need for Legislative clarity over this in favor of the Elected government


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